[Code of Federal Regulations]
[Title 27, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR55.76]

[Page 944-945]
 
            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
 
 CHAPTER I--BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, DEPARTMENT OF THE 
                                TREASURY
 
PART 55--COMMERCE IN EXPLOSIVES--Table of Contents
 
                Subpart E--License and Permit Proceedings
 
Sec. 55.76  Action by regional director (compliance).

    (a) Initial application proceedings. If, upon receipt of the record 
and the recommended decision of the administrative law judge, the 
regional director (compliance) decides that the license or permit should 
be issued, the regional director (compliance) shall cause the 
application to be approved, briefly stating, for the record, his 
reasons. If he contemplates that the denial should stand, he shall serve 
a copy of the administrative law judge's recommended decision on the 
applicant, informing the applicant of his contemplated action and 
affording the applicant not more than 10 days in which to submit 
proposed findings and conclusions or exceptions to the recommended 
decision with supporting reasons. If the regional director (compliance), 
after consideration of the record of the hearing and of any proposed 
findings, conclusions, or exceptions filed with him by the applicant, 
approves the findings, conclusions and recommended decision of the 
administrative law judge, the regional director (compliance) shall cause 
the license or permit to be issued or disapproved the application 
accordingly. If he disapproves the findings, conclusions, and 
recommendation of the administrative law judge, in whole or in part, he 
shall by order make such findings and conclusions as in his opinion are 
warranted by the law and the facts in the record. Any decision of the 
regional director (compliance) ordering the disapproval of an initial 
application for a license or permit shall state the findings and 
conclusions upon which it is based, including his ruling upon each 
proposed finding, conclusion, and exception to the administrative law 
judge's recommended decision, together with a statement of his findings 
and conclusions, and reasons or basis for his findings and conclusions, 
upon all material issues of fact, law or discretion presented on the 
record. A signed duplicate original of the decision will be served upon 
the applicant and the original copy containing certificate of service 
will be placed in the official record of the proceedings. If the 
decision of the regional director (compliance) is in favor of the 
applicant, he shall issue the license or permit, to be effective on 
issuance.
    (b) Renewal application and revocation proceedings. Upon receipt of 
the complete certified records of the hearing, the regional director 
(compliance) shall enter an order confirming the revocation of the 
license or permit, or disapproving the application, in accordance with 
the administrative law judge's findings and decision, unless he 
disagrees with the findings and decision. A signed duplicate original of 
the order, ATF F 5400.9, will be served upon the licensee or permittee 
and the original copy containing certificate of service will be placed 
in the official record of the proceedings. If the regional director 
(compliance) disagrees with the findings and decision of the 
administrative law judge, he shall file a petition with the Director for 
review of the findings and decision, as provided in Sec. 55.79. In 
either case, if the renewal application denial is sustained, a copy of 
the application marked ``Disapproved''

[[Page 945]]

will be returned to the applicant. If the renewal application denial is 
reversed, a license or permit will be issued to become effective on 
expiration of the license or permit being renewed, or on the date of 
issuance, whichever is later. If the proceedings involve the revocation 
of a license or permit which expired before a decision is in favor of 
the licensee or permittee, the regional director (compliance) shall:
    (1) If renewal application was timely filed and a stay of the 
effective date of the revocation was granted, cause to be issued a 
license or permit effective on the date of issuance;
    (2) If renewal application was not timely filed but a stay of the 
effective date of the revocation had been granted, request that a 
renewal application be filed and, following that, cause to be issued a 
license or permit to be effective on issuance; or
    (3) If a stay of the effective date of the revocation had not been 
granted, request that an application be filed as provided in Sec. 55.45, 
and process it in the same manner as for an application for an original 
license or permit.
    (c) Curtailment of stay of revocation effective date. If, after 
approval of a request for a stay of the effective date of an order 
revoking a license or permit but before actions are completed under this 
subpart, the regional director (compliance) finds that it is contrary to 
the public interest for the licensee or permittee to continue the 
operations or activities covered by his license or permit, the regional 
director (compliance) may issue a notice of withdrawal of the approval, 
effective on the date of issuance. Notice of withdrawal will be served 
upon the licensee or permittee in the manner provided in Sec. 55.81.

[T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-290, 54 
FR 53054, Dec. 27, 1989]